Indo-Tibetan Border Police Force Act, 1992—Section 61—Petitioner, a constable in ITBP, was dismissed for overstaying leave without sufficient cause—However, the disciplinary proceedings against him were found to be flawed—The court noted violations of procedural rules, including the absence of an offense report and charge, and improper conduct during the summary force court (SFC) proceedings—Consequently, the dismissal order and subsequent appeal rejection were quashed—The court directed the petitioner's reinstatement without monetary benefits and ordered a fresh proceeding if necessary within three months—The decision highlights the importance of adhering to procedural fairness in disciplinary actions. ...

Judicial Administration—Advocates Act, 1961—Sections 7 and 49—Judicial Administration—Change in—Dispute between petition and respondents—Arose on account of application of said college—For application to carry on a legal study course—Determination of—Two suggestions made by Amicus are that validity of result obtained by any candidate in any pre-enrolment or a post-enrolment bar examination must be limited by time which would be a policy matter for Bar Council of India to consider and Bar Council of India can exercise its power to issue directions under Section 48-B of said Act to ensure uniformity and fairness of procedure followed by each of State Bar Councils—Supreme Court agree with these suggestions—Petition disposed of. (Paras 43 and 49) ...

Penal Code, 1860 (IPC) - Section 300, Section 302, Section 304(II), Section 323, Section 34—Absence of independent witnesses and the lack of evidence regarding the weapon used— It was contended that the incident arose spontaneously and not with intent to kill, as only a single blow was inflicted— The prosecution's case relied on the testimony of multiple witnesses who described a chaotic confrontation involving trespass— The court found that the Appellant’s actions met the criteria for Exceptions 2 and 4 of Section 300 IPC, indicating a sudden fight without premeditation or undue cruelty— Citing precedents, the court determined that the offense should be reclassified from murder to culpable homicide not amounting to murder under Section 304 Part II IPC— The Appellant, having served five years ...

Penal Code, 1860 (IPC) - Section 302—Allegedly caused by the Appellant after a quarrel. Initially, the Appellant claimed the incident was accidental and admitted the victim to the hospital. The FIR was filed on 29th October, following the victim's disclosure of the Appellant's actions. The prosecution relied on dying declarations, which were recorded by a doctor and treated as reliable evidence. Despite the absence of a certification regarding the victim's mental fitness during the declarations, the court found the testimony credible. The Appellant's actions were determined to lack premeditation, occurring in a moment of passion, leading the court to classify the act as culpable homicide not amounting to murder. Consequently, the conviction was modified to reflect this distinction, sentencing the Appellant to 10 year...

Criminal Procedure Code, 1973 (CrPC) - Section 406 - Transfer of Case on Medical Ground - Darjeeling to New Delhi --If the petitioner is entitled to a fair trial, the Respondent Nos. 2 and 3 are also equally entitled to a fair trial - Transfer dismissed. ...

The Hindu Marriage Act, 1955, Secs.5, 12 and the Protection of Women from Domestic Violence Act, 2005—Valid marriage—Absence of—Effect of—The bridegroom being less than 21 years of age Both the parties to marriage being major and interested in living together—Even if they being not competent to enter into wedlock, yet they have the right to live together even outside wedlock—It would not be out of place to mention that ‘live-in relationship’ is now recognized by the Legislature itself which has found its place under the provisions of the Protection of Women from Domestic Violence Act, 2005.  (Paras – 8 to 11) ...

Criminal Procedure Code, 1973 (CrPC), Section 145 and 146(1)—Attachment of property—Subject to revision—Legality of—Magistrate has committed grave mistake in passing impugned order of attachment without there being any state of emergency, despite fact that revisionist is said to be in actual physical possession over house in question and opposite party No. 2 does not claim himself to be in actual physical possession over house in question—Impugned order set aside. ...

Penal Code, 1860 (IPC)—Section 201, Section 302, Section 34—Appellants were convicted for the offense under Section 302 read with Section 34 and Section 201 of the Indian Penal Code (IPC) for causing the death of Rawata—The prosecution's case was based on the testimony of witnesses, including Rameshwar, the son of the deceased, who witnessed the appellants assaulting his father—The prosecution argued that the appellants threatened the witnesses not to report the incident—The appellants challenged the verdict, citing contradictions in the witnesses' statements and disputing the identification of the appellants by voice in the dark—The appellants also questioned the proximity of the dead body to the deceased's property—The court upheld the convictions, emphasizing the consistency in the ...

Consumer Protection Act, 1986—Section 3—Carriers Act, 1865—Section 10—Absence of notice under Section 10 of the Carriers Act renders a complaint against a carrier non-maintainable, even under the summary procedure of the Consumer Protection Act, 1986. The rights and liabilities under the Carriers Act, specifically Sections 9 and 10, constitute an integral scheme, and the Consumer Protection Act does not negate the necessity of complying with the procedures outlined in the Carriers Act—While the Consumer Protection Act provides additional remedies, it does not dispense with the mandatory notice requirement under the Carriers Act for imposing liability on carriers. ...

Civil Procedure Code, 1908 (CPC)—Order 41 Rule 11, Order 41 Rule 11(1), Order 41 Rule 11(2), Order 41 Rule 17(1), Order 41 Rule 17(2), Order 41 Rule 19—High Court in a landlord-tenant dispute—The appellants, defendants in the suit seeking their eviction, had their Second Appeal dismissed on merits by the High Court, despite their absence—The Court, noting the misinterpretation of Order 41 Rule 11 of the Civil Procedure Code, held that the High Court should have dismissed the appeal for non-prosecution due to the absence of the appellants or their counsel—While the Court corrected the legal error, it refrained from remanding the case to the High Court, considering the prolonged litigation and absence of useful purpose—The judgment clarified that the appellants could still assert rights under the Bihar La...

Penal Code, 1860 (IPC)—Section 304—Downgrading Conviction due to Absence of Intention to Kill—The incident arose from a quarrel between two groups, and the prosecution witness did not state that the accused caused head injuries to the deceased—The first information statement mentioned a lathi blow on the deceased's ribs—The evidence indicated complete darkness, making it unclear who caused the injuries—As there was no deliberate intention to cause death, the court held that the accused could not be charged with murder—Instead, the conviction was altered from Section 302 to Section 304 Part II of the Indian Penal Code, classifying the offense as culpable homicide not amounting to murder due to the absence of an intention to kill. ...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 18, Section 26, Section 27, Section 37, Section 37(1), Section 50—Successive bail applications are permissible only under changed circumstances; without such change, the second application is deemed to seek a review of the earlier judgment, which is impermissible in criminal law—Section 37 of the Narcotic Drugs and Psychotropic Substances Act mandates that a person accused of an offense punishable with a term of imprisonment of five years or more shall generally not be released on bail—The negation of bail is the rule, and its grant is an exception—For bail to be granted, the court must be satisfied, based on the record, that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offense while on bail...

Income Tax Act, 1961—Section 256(1), Section 32A, Section 32A(1), Section 32A(2)—Absence of a specific definition in the Income-tax Act, the term 'manufacture' is construed in its common parlance, denoting the production of articles by altering raw or prepared materials to confer new forms, qualities, or combinations, whether through manual or mechanized processes—The crucial criterion for determining manufacturing activity, as established in Deputy Commr—of Sales Tax v—M/s—Pio Food Packers (1980 Supp SCC 174), lies in whether the processed commodity ceases to be the original and becomes recognized in the trade as a distinct entity—The court articulated that manufacturing involves a series of processes leading to a point where the commodity undergoes changes, rendering it commercially dist...

Criminal Procedure Code, 1973 (CrPC)—Section 482—Context of a hire-purchase agreement, the re-possession of goods, as per the agreement's terms, does not constitute a criminal offense—The hire-purchase agreement is an executory contract of sale that does not confer a right in rem on the hirer until the conditions for transferring the property are fulfilled—Even if the hirer violates the terms of regular installment payments, granting the financier the right to repossess the vehicle, there is no dishonest intention on the part of the financier—The appellants, who continued to be the owners of the vehicle under the hire-purchase agreement, were authorized to repossess the vehicle, and their agents had the right to enter premises where the motor vehicle might be kept—Therefore, no offense, including th...

 Prevention of Corruption Act, 1947—Sections 13(I)(e) and 13(2) —Case involving a public servant accused of possessing property disproportionate to known sources of income, the accused, a former Minister, and his family were found to have no substantial income before the check period—The accused, who had financial difficulties, suddenly received large sums from his nephew during the check period—The nephew had no prior history of gifts or financial assistance to the family—The court presumed that the accused used his nephew to transfer money, considering the natural course of events—The prosecution established that the money transferred belonged to the accused—The accused failed to provide a satisfactory explanation for the sudden gifts, and the court concluded that the properties were h...

Evidence Act, 1872 — Section 3 —Cases where the courts below, after a comprehensive evaluation of omissions and contradictions, have concluded that the prosecution has substantiated its case against certain accused beyond a reasonable doubt, it does not warrant interference under Article 136 of the Constitution—The application of Section 300 of the Indian Penal Code (IPC) and the right of private defence must be considered in light of the specific facts of the case—The absence of explanation for injuries on the accused may not be fatal, provided the evidence is clear, cogent, and creditworthy—Omissions or contradictions that do not affect the basic structure of the prosecution's case cannot be the basis for giving the benefit of doubt to the accused—In cases where the accused were the aggressors and...

Arbitration Act, 1940—Section 30, Section 33—In the absence of evidence demonstrating that the Umpire exceeded his jurisdiction or deviated from the terms of the agreement, the High Court erred in setting aside the award as 'otherwise invalid.' The Court should not have entertained objections and overturned the award, given the contextual facts—The High Court's order is erroneous, as it misread and misapplied settled law on the matter—The Court held that the High Court, in this case, was in manifest error in entertaining the appeal and setting aside the award—Therefore, the order passed by the High Court cannot be sustained. ...

Evidence Act, 1872 — Section 32 —Reliability of a dying declaration hinges on the deceased being in a fit state of mind and capable of making a statement at the time of its purported recording—Courts must be satisfied that the deceased was mentally fit during the statement—In cases involving multiple dying declarations, their number does not weigh heavily; the focus is on the singular declaration that is free from infirmity and deemed worthy of reliance—Corroboration may be sought, especially when infirmities exist, as a rule of prudence—A dying declaration, viewed as a sacred statement coming from the mouth of a victim on the verge of death, is admissible under Section 32 of the Evidence Act—However, in cases of death by burning, a dying declaration recorded by a Magistrate without medical eviden...

Criminal Procedure Code, 1973 (CrPC)—Section 433—Possession of Crime Fruits and Presumption of Guilt—The possession of crime-related items immediately after its commission gives rise to a presumption that the possessor is the actual offender unless a consistent innocent explanation is provided—This presumption, under Section 114 of the Evidence Act, holds that an unwillingness or inability to explain such possession constitutes self-inculpatory evidence—In cases of multiple murders with robbery, circumstantial evidence, such as the accused being acquainted with the victims, being last seen with one of the deceased, recovery of stolen items from the accused's close relative, and unexplained injuries on the accused, justifies drawing the presumption of guilt."Robbery and Murder—Number of Assailan...

...

Criminal Procedure Code, 1973 (CrPC)—Section 313, Section 401—Tragic incident reminiscent of the ancient struggle between good and evil, the accused, unfortunately named Krishan, turned into a perpetrator of heinous crimes on Janmashtami in 1992—The Rajasthan High Court confirmed the conviction of Krishan and three others for offenses including murder and attempted murder—The accused targeted the family of Bhagwan Ram, seeking revenge for their role as witnesses in a prior murder case—The court, while acknowledging the involvement of the accused, commuted their death sentences to life imprisonment—Notably, the court emphasized the lack of evidence against some co-accused, leading to their acquittal—Despite the acquittals, the court maintained the life sentences for Krishan and others, considering ...

ppellant's claim petition before the Motor Accident Claims Tribunal was dismissed in default on 27-1-1998—Subsequently, the Civil Procedure Code, 1908 (CPC)—Order 9 Rule 9—Aappellant filed an application for restoration, citing illness as the reason for non-appearance—The Tribunal rejected the restoration application, and the High Court upheld the decision—The Supreme Court, considering the circumstances, opined that the Tribunal should have recalled the dismissal order, restoring the claim petition and condoning the delay in filing the restoration application—The appellant supported the application with a medical certificate and an uncontroverted statement on oath—The Court emphasized a justice-oriented approach, especially in motor accident claim cases—Consequently, the Supreme C...

Criminal Procedure Code, 1973 (CrPC)—Section 100(3)—Appellant challenged the judgment of the High Court confirming his conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985—The prosecution's case relied on the recovery of poppy straw from the appellant at a railway station—The Investigating Officer (IO) and a panch witness testified regarding the seizure, but discrepancies in their statements raised doubts—The IO failed to follow prescribed procedures under Sections 52, 55, and 57 of the Act, affecting the integrity of the investigation—The IO's admission that the seal used was handed over to the witness, and the lack of evidence regarding intact seals sent to the Chemical Analyser, further undermined the case—The unusual conduct of the panch witness raise...

Constitution of India, 1950—Article 226—Absence—Regional Engineering College, Hamirpur, Himachal Pradesh, appealed against a High Court decision that allowed a student's writ petition challenging the rejection of condonation for excess absence—The student fell short of attendance, and despite being informed and given an opportunity to rectify the shortfall, he remained absent without applying for condonation promptly—The Principal, considering the case, declined condonation beyond the discretionary 10% mentioned in the college's regulations—The High Court, emphasizing the student's good academic record and citing his reasons for absence, directed the declaration of exam results and ordered the Principal to consider condonation up to 12%—The Supreme Court, after a thorough analysis of t...

Penal Code, 1860 (IPC)—Section 302, Section 307, Section 34—Present case, the statements of witnesses were recorded under Section 299 of the Criminal Procedure Code (CrPC) before the arrest of the accused, who was absconding—The evidence showed that the arrest of the accused could not be procured as he was absconding, and a proclamation under Section 82 of the CrPC was issued—The process server reported the death of the summoned witnesses, and their statements were tendered as evidence—The compliance with the preconditions of Section 299 was established, as the persons were dead and the arrest of the accused was not immediately possible—The Sessions Judge and the High Court relied on the statements of these witnesses in convicting the accused of a gruesome murder, where the accused indiscriminately shot...

Penal Code, 1860 (IPC)—Section 149, Section 395—Case involving offenses under Sections 307, 395, and 149 of the Indian Penal Code, the appellant has been in jail for the past 18 months without the commencement of the trial—Despite the suppression of certain facts when filing the bail application, considering the prolonged period of custody without trial, the appellant is granted bail—The court emphasizes that the appellant's extended incarceration without the initiation of the trial warrants his release on bail—The lapses in providing accurate information during the bail application, attributed to the appellant's counsel, should not prejudice the appellant, who has been languishing in jail—The decision underscores the importance of timely commencement of trials and the need to balance procedural...

Criminal Procedure Code, 1973 (CrPC) - Section 313—Convicted him, and this was affirmed by the Sessions Judge, Cuttack, on July 6, 1994— The prosecution's case was that on August 23, 1991, the accused took P.W.3, aged about 12, under false pretenses to his home and later to Athgarh, obtaining her signature on documents— The trial court convicted him based on evidence including testimonies and medical reports confirming the victim's minor status— The accused’s defense argued lack of mens rea and cited cases to suggest that mere companionship did not amount to kidnapping— However, the court found no merit in these arguments, noting that the evidence supported the conviction— The revision petition challenging the conviction was dismissed, affirming the trial and appellate court's findings...

Penal Code, 1860 (IPC)—Section 379, Section 411—Appeal concerns a dispute over liability for damages regarding a consignment of brass transported by railway. Jhanak Lal, the consignor, sent 35 bags of brass from Sindi Railway Station to Mirzapur on January 11, 1956. The Railway Police seized the goods on January 15, 1956. Subsequently, Jhanak Lal was acquitted of charges related to the seized goods, with an order for their return.The appellant, claiming to be the indorsee of the Railway Receipt, demanded Rs. 7098/- from the Railway Administration for non-delivery. The Railway Administration clarified that the goods were seized in a theft case and advised the appellant to pursue release through the criminal court, which the appellant did not do.The appellant later sued the Union and Jhanak Lal, seeking compensation. Courts rule...

Criminal Procedure Code, 1898 (CrPC) - Section 87, Section 88—Reviewed the conviction of Jadunath Singh and Girand Singh for the murder of Ram Swarup Pandey under Section 302/34 of the Indian Penal Code— The appellants were sentenced to death and life imprisonment, respectively, by the Sessions Judge— The prosecution claimed the appellants attacked the deceased with a chhuri and knife on February 26, 1968, causing 34 injuries— Key issues included the denial of an identification parade and alleged inconsistencies in medical evidence regarding the time of death— The trial court's conviction was upheld by the High Court, which found the witnesses credible despite the lack of a parade— The Supreme Court agreed that the failure to conduct an identification parade did not vitiate the trial, as some witnes...

Imports (Control) Order, 1955 - Section 6—Contractual terms should prioritize the context and purpose over strict dictionary meanings— While dictionary definitions offer a general understanding, they do not control the meaning if the statute or document's overall scheme indicates a different sense— Words must be interpreted in light of the context, the nature of the subject matter, and the intended effect— This approach ensures that the meaning aligns with the author's intent and the statute's objectives— For instance, under Article 136 of the Constitution of India, the filing of a Special Leave Petition by a Public Prosecutor does not negate the original statutory complainant’s right to seek special leave. ...

...

Gift Tax Act, 1958 - Section 2, Section 26(1), Section 3—Appeal examines whether a Hindu coparcener’s act of throwing self-acquired property into the common stock of a joint Hindu family constitutes a "transfer" under the Gift-tax Act, 1958— The Andhra Pradesh High Court, following its precedent, held it was a gift— However, contrasting views from other High Courts led to this appeal— The Supreme Court determined that such an act does not amount to a "transaction" under Section 2(xxiv)(d) of the Act, as it is a unilateral act rather than a bilateral or multilateral transaction— Consequently, the declaration of self-acquired property as joint family property does not attract gift tax— The Court reversed the High Court's decision and ordered costs to the appellant. ...

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 11, Section 20—Appeals arise from a suit in the Court of Small Causes, Bombay, concerning the recovery of possession, rent, municipal taxes, insurance, and damages— Civil Appeal No— 1872 of 1968, filed by the defendants, challenges the scope of Section 20 of the Bombay Rent Act, 1947, while Civil Appeal No— 1873 of 1968, filed by the plaintiff, disputes the determination of the standard rent— The trial Court initially upheld the plaintiff’s claim for the standard rent but was reversed by the appellate Court, which recalculated the rent based on apportionment and added 12—5% increase— The High Court concurred with the trial Court’s standard rent but ruled that the defendant’s right to appropriate excess rent p...

Constitution of India, 1950 - Article 32—Promotions to selection grade posts, administrative instructions issued by the government can establish guiding principles and procedures— These instructions serve to fill gaps and supplement existing rules, providing clarity and direction on promotion policies— While they do not replace formal rules, they play a crucial role in outlining how promotions should be handled, ensuring that decisions are made consistently and transparently— The government’s authority to issue such instructions helps in addressing situations not explicitly covered by formal regulations, facilitating effective administration and management of promotions within public services— Thus, administrative instructions become an essential tool for managing and implementing promotion policies whe...

Bihar and Orissa Co-operative Societies Act, 1935 - Section 48(1), Section 57—Negligence if it honors a cheque with forged signatures— If any signature on a cheque, including that of a joint signatory, is forged, the bank has no mandate to pay the cheque— The bank's liability is not mitigated by any negligence of the customer, such as improper care of the cheque book— In this case, where one signature was forged, the bank lacked the customer’s mandate to honor the cheque— The bank's negligence is evident from its failure to verify the authenticity of the signatures, and the circumstances of the cheque's encashment reveal that the bank, including its officers, acted fraudulently or with gross negligence from the outset— Thus, the bank is accountable for the improper payment. ...

Criminal Procedure Code, 1898 (CrPC) - Section 162, Section 284, Section 285, Section 285(1), Section 285(2), Section 309, Section 309(2), Section 324, Section 326, Section 327, Section 342, Section 360—Constitution, the Supreme Court addressed the legality of a trial involving appellants Magga and Bhagga convicted under Section 302 IPC for the murders of Gheesa, Hardas, and Ganesh— The trial, commenced on March 22, 1952, with three assessors, saw procedural irregularities when one assessor was replaced and another added during the trial— The High Court upheld the trial's validity under Section 537 of the CrPC, despite these irregularities— The Supreme Court, however, found the trial flawed due to non-compliance with Sections 284 and 285 of the CrPC, which mandate the proper appointment and continuity of assess...

Criminal Procedure Code, 1898 (CrPC) - Section 411A—Convicted under Section 302/149 of the Penal Code for the murder of Nem Singh— Although Thakurprasad's death sentence was commuted to life imprisonment by the High Court, his appeal to the Supreme Court was considered following special leave— Thakurprasad's plea of alibi, supported only by a statement from a prosecution witness and the fact that his name was not mentioned in the initial FIR, was rejected by both the trial court and the High Court— Both courts found that the alibi did not negate his involvement, as eye-witnesses confirmed his presence and participation in the crime— The appellant's additional argument regarding the absence of injuries on his person was deemed insufficient to overturn the concurrent factual findings of the lower co...